Topic: Explain the plain-view doctrine and the probable cause requirement with respect to this doctrine
Topic: Explain the plain-view doctrine and the probable cause requirement with respect to this doctrine
Imagine that the Supreme Court has issued a decision that reverses Arizona v. Hicks (1987), and the Supreme Court under a new case (fictional case), entitled New York v. Henderson (2016), now holds that the plain view doctrine does allow police officers to seize on less than probable cause, any item they happen to see that is in “plain view.”
Write an essay of 750-1,000 words that addresses the following:
Explain the “plain-view” doctrine and the probable cause requirement with respect to this doctrine.
Explain how the adoption of the Henderson case would affect public policy.
If a policing agency disagrees with the Henderson case, are they required to follow the case or may they be allowed to provide more procedural safe guards as inferred in Arizona v. Hicks? Provide examples.
What happens if various interpretations of the “plain view” doctrine create significant differences between jurisdictions?
Be sure to cite three to five relevant scholarly sources in support of your content. Use only sources found at the GCU Library, government websites/legal case sites or those provided in Topic Materials.
Answer preview to explain the plain-view doctrine and the probable cause requirement with respect to this doctrine.
You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.
Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages.
Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor.
The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument.
